The Procedures for Dealing with Changes in Circumstances

Colin R. Singer
May 16, 2021

The Reassessment of Income After Giving an Undertaking

The provisions specified in R134 (2) permit officers to calculate the sponsor’s income if it no longer appears to meet the requirements specified in R133 (1) (j). This new calculation remains based on the 12-month period that precedes the day the officer receives the information.

The Occasions for Reassessing the Income

Officers have the ability to reassess income at any time during processing in case they receive new information or if someone brings this new information to the officers’ attention. In case the new information indicates that the sponsor might no longer meet the minimum necessary income requirements, officers could consider reassessing the income. The table that follows cites examples to illustrate this more clearly.

#	The Example
1	The sponsor met the income test with the assistance of a co-signer. Officers receive information indicating that the co-signer is no longer able to or willing to provide financial assistance e.g. because of a breakdown in marriage or because the co-signer is currently unemployed.
2	The sponsor submitted a sponsorship application and provided a Notice of Assessment from their Income Tax Return, which the Canada Revenue Agency (CRA) issued. Then, officers were subsequently able to establish through contacts with the place of employment that the sponsor was no longer employed.

The Responsibility for Assessment and Reassessment of the Sponsor’s Income

For Overseas Sponsorships: The Case Processing Centre in Mississauga (CPC-M) will need to assess and, if appropriate, re-assess the sponsor’s income levels. Thereafter, it would need to record this information in the Field Operations Support System (FOSS).

For In-Canada Sponsorships: The Case Processing Centre in Vegreville (CPC-V) will need to re-assess the sponsor’s income levels and record this information in the Field Operations Support System (FOSS). However, situations could arise where after the initial assessment has taken place, officers refer the case to the local office of Immigration, Refugees and Citizenship Canada (IRCC). In this scenario, the local office of Immigration, Refugees and Citizenship Canada (IRCC) will need to re-assess the income, if required.

The Guidelines for Calculating the Income Test

The Case Processing Centre in Mississauga (CPC-M) or the Case Processing Centre in Vegreville (CPC-V) will usually have reason to believe that the sponsor no longer meets the settlement arrangements
In this scenario, the Case Processing Centre in Mississauga (CPC-M), the Case Processing Centre in Vegreville (CPC-V) or Immigration, Refugees and Citizenship Canada (IRCC) will need to ask the sponsor to complete a new IMM 1283E
The Case Processing Centre in Mississauga (CPC-M), the Case Processing Centre in Vegreville (CPC-V) or Immigration, Refugees and Citizenship Canada (IRCC) will need to calculate the sponsor’s minimum necessary income for the 12 months preceding the date on which the authorities identified the income issue
The Case Processing Centre in Mississauga (CPC-M), the Case Processing Centre in Vegreville (CPC-V) or Immigration, Refugees and Citizenship Canada (IRCC) will need to update the Field Operations Support System (FOSS) and,
The Case Processing Centre in Mississauga (CPC-M) will need to inform the visa office of the results, in case of overseas sponsorships

The Guidelines for the Refusal After Calculation

Situations could arise where the income available is less than the applicable minimum necessary income. In such cases, the authorities might not issue a permanent resident visa. In addition, they might not grant permanent resident status either. This is in accordance with the provisions specified in R133 (1) (j). In this scenario, the officers will need to refuse the application for a permanent resident visa or for permanent resident status. This is in accordance with the provisions specified in A11 (2).